2024:BHC-AUG:2177-DB *1*

REPORTABLE IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13128 OF 2023 Siddheshwar Sahakari Sakhar Karkhana Ltd., Manik Nagar, Sillod, Tq.Sillod, Dist.Aurangabad.

Through its Authorized Officer Shri Madhav Manikarao Khare, Age : 62 years, Occ : Service, R/o Sillod, Tq.Sillod, Dist. Aurangabad.

...PETITIONER -VERSUS-

1. The State of Maharashtra.

Through Secretary, Cooperation, Marketing &

Textile Department, Mantralaya, Mumbai.

2. The State Cooperative Election Authority, MS Pune.

Through its Secretary.

3. District Cooperative Election Officer and Regional Joint Director (Sugar), Aurangabad, Dist. Aurangabad.

...RESPONDENTS AND WRIT PETITION NO.13141 OF 2023

1. Balaji Shankar Sonwane, Age : 28 years, Occ : Agri, R/o Sarani (Aa), Tq.Kaij, Dist. Beed.

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2. Balasaheb Pandharinath Borade, Age : 60 years, Occ : Agri, R/o Gotegaon, Tq.Kaij, Dist. Beed.

...PETITIONERS -VERSUS-

1. The State of Maharashtra.

Through Secretary, Cooperation, Marketing & Textile Department, Mantralaya, Mumbai.

2. The State Cooperative Election Authority, MS Pune. Through its Secretary.

3. District Cooperative Election Officer and District Deputy Registrar, Cooperative Society, Beed.

4. The Kaij Taluka Kharedi Vikri Sangh, Kaij, Tq.Kaij, Dist. Beed.

...RESPONDENTS …

Shri V.D. Hon, Senior Advocate i/by Shri K.J. Suryawanshi, Advocate for the Petitioner in WP/13128/2023.

Shri N.B. Khandare, Advocate i/by Shri A.G. Choudhari, Advocate for the Petitioners in WP/13141/2023.

Shri S.K. Tambe, AGP for Respondent 1/State.

Shri S.K. Kadam, Advocate for Respondents 2 and 3/

Cooperative Election Authority.

Shri B.B. Bhise, Advocate for Respondent 4 in WP 13141/23.

...

CORAM: RAVINDRA V. GHUGE &

Y.G. KHOBRAGADE, JJ.

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Reserved on :- 19^th January, 2024 Pronounced on :- 30^th January, 2024 JUDGMENT ( P er Ravindra V. Ghuge, J.) :-

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. In the first Writ Petition No.13128/2023, the Petitioner Cooperative Sugar Factory has put forth prayer clauses B, C, D and E as under:-

“B) To quash and set aside the orders dated

03.10.2023 issued by respondent no.2 State Co- operative Election Authority M S Pune may kindly be quashed and set aside C) The respondent no.2 and 3 may kindly be directed to publish election program from the stage of nomination for the election of managing committee of petitioner Karkhana, immediately.

D) Pending hearing and final disposal of this writ petition the orders dated 03.10.2023 issued by respondent no. 2 state Co-operative Election Authority M S Pune may kindly be stayed.

E) Pending hearing and final disposal of this writ petition the respondent no.2 and 3 may kindly be directed to publish election program from the stage of nomination for the election of managing committee of petitioner Karkhana, immediately.”

3. In the second Writ Petition No.13141/2023, the *4*

Petitioners have put forth prayer clauses B, C, D, and E as under:-

“B. To quash and set aside the order dated

03.10.2023 issued by respondent no.2 state Co- operative Election Authority M S Pune by issuing writ of certiorari.

C. The respondent no.2 and 3 may kindly be directed to publish election program from the stage where it is stopped and finalize the voters list and start the election process from the stage of nomination for the election of managing committee of respondent no. 4, society, forthwith by issuing appropriate writ.

D. Pending hearing and final disposal of this writ petition the orders dated 03.10.2023 issued by respondent no. 2 state Co- operative Election Authority M S Pune may kindly be stayed.

E. Pending hearing and final disposal of this writ petition the respondent no.2 and 3 may kindly be directed to publish the election program from the stage where it is stopped and start further process of election of nomination for the election of managing committee of respondent no.5, society immediately, by passing appropriate order.”

4. These two matters were heard extensively.